C2002/207, Transcript of Proceedings [2003] AIRCTrans 1286 (9 April 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT2153

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2002/207

AUSTRALIAN WORKERS UNION -
WEST AUSTRALIAN BRANCH

and

AUSTRALASIAN CORRECTIONAL MANAGEMENT
PORT HEDLAND DETENTION CENTRE

Notification pursuant to section 99 of the Act
of a dispute re alleged safety concerns within
the Port Hedland Detention Centre

MELBOURNE

4.25 PM, WEDNESDAY, 26 MARCH 2003

Continued from 4.10.2002

PN122

MR M. SERONG: I seek leave to appear for Australasian Correctional Management, if leave is needed, sir. Mr Douglas has appeared in previous proceedings under this C number, I believe.

PN123

THE SENIOR DEPUTY PRESIDENT: So you appear in his place?

PN124

MR SERONG: In his place on this occasion.

PN125

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Serong.

PN126

MR J. NOLAN: I seek leave to appear for the LHMU, together with MS S. BENNETT, from the union.

PN127

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Nolan. You are of counsel, are you, are you a member of counsel?

PN128

MR NOLAN: Yes.

PN129

THE SENIOR DEPUTY PRESIDENT: Yes. And in Sydney? You can remain seated.

PN130

MR NOLAN: We are in Sydney.

PN131

THE SENIOR DEPUTY PRESIDENT: You are in Sydney?

PN132

MR NOLAN: We are in Sydney, yes, at least I think so.

PN133

THE SENIOR DEPUTY PRESIDENT: Yes, of course. Yes, from Perth?

PN134

MR T. DALEY: I appear on behalf of the Australian Workers Union.

PN135

THE SENIOR DEPUTY PRESIDENT: Sorry, who do you appear for, Mr Nolan?

PN136

MR NOLAN: I appear for the Liquor, Hospitality and Miscellaneous Workers Union.

PN137

THE SENIOR DEPUTY PRESIDENT: LHMWU, right. Any objection to Mr Nolan's appearance, Mr Serong?

PN138

MR SERONG: No, your Honour.

PN139

THE SENIOR DEPUTY PRESIDENT: Any objection to Mr Nolan's appearance, Mr Daley?

PN140

MR DALEY: No, sir.

PN141

THE SENIOR DEPUTY PRESIDENT: Leave is granted, Mr Nolan. Now, this matter was an application by ACM for revocation in my finding of dispute; is that right?

PN142

MR SERONG: That is correct, your Honour.

PN143

THE SENIOR DEPUTY PRESIDENT: Yes. What do you anticipate that would involve in terms of any hearing or witnesses?

PN144

MR SERONG: Should I remain seated?

PN145

THE SENIOR DEPUTY PRESIDENT: Yes, perhaps if you remain seated, and then everybody can see what is going on.

PN146

MR SERONG: Your Honour, we anticipate that there would be no witnesses, and that this matter would take perhaps one half a day in submissions on behalf of ACM.

PN147

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Nolan, what do you say about that?

PN148

MR NOLAN: I think that probably would accord with our estimate, your Honour. If we were to make some submissions, it may be a little different to those made by ACM, and certainly different to those made by the AWU, but I think everyone, if they were focused on the topic, could conclude the matter within half a day.

PN149

THE SENIOR DEPUTY PRESIDENT: That is both parties, or all parties you mean could be heard within half a day, subject to what the AWU have to say?

PN150

MR NOLAN: Yes, I would hope so.

PN151

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Daley, what do you say?

PN152

MR DALEY: I would anticipate at this stage that it shouldn't take more than half a day. Certainly I don't expect to be calling any witnesses.

PN153

THE SENIOR DEPUTY PRESIDENT: Does the AWU oppose the revocation?

PN154

MR DALEY: Yes, we do, your Honour.

PN155

THE SENIOR DEPUTY PRESIDENT: And the LHMU, does it oppose the revocation?

PN156

MR NOLAN: No, your Honour. We support the revocation.

PN157

THE SENIOR DEPUTY PRESIDENT: I see. Yes, what do you say, Mr Serong?

PN158

MR SERONG: Your Honour, our position is as set out in the application that is made to the Commission. I don't think there is really much that I could or should add at this stage. I really think it speaks for itself, your Honour.

PN159

THE SENIOR DEPUTY PRESIDENT: Well, in view of the fact that the AWU oppose it, I will have to list it to hear it. Mr Daley, where would you want the matter heard?

PN160

MR DALEY: If it suits the parties, I can get the national office to do it, then we would be happy for it to be heard in Melbourne. If it is not possible to get the national office to deal with the matter, we would prefer to have it dealt with in Perth.

PN161

THE SENIOR DEPUTY PRESIDENT: The only reason I raise that is because I have a separate notice of dispute within this file from the AWU in relation to the Port Hedland Centre, which is to be called on shortly. And is that going to entail a hearing in Perth, do you know?

PN162

MR DALEY: I suspect it probably will. I mean, but it will be subject to what occurs in the conference, but at this stage I would expect that it is likely in terms of the application to rebuke the dispute file.

PN163

THE SENIOR DEPUTY PRESIDENT: All right.

PN164

MR NOLAN: Could I say something about that, Deputy President?

PN165

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Daley. Well, I haven't called that matter on yet. I was just asking Mr - - -

PN166

MR NOLAN: Yes, I appreciate that, but in anticipation of what will arise then, can I just indicate that our attitude would be the same with respect to that dispute finding as it is to the present dispute finding, and that is to say that we will be - our contention is that AWU has no capacity to raise a dispute with ACM about these matters, and so really there is very same - the self same issues will be agitated in both matters, and so it might be sensible to deal with that issue as a preliminary issue in the section 99 notification, and have them all dealt with at the same time. Whether you want to join them or not, I suppose is immaterial, but have the same issues dealt with at the same time in the revocation.

PN167

THE SENIOR DEPUTY PRESIDENT: Well, that seems to me to be a rather sensible way to approach it. What do you say, Mr Serong?

PN168

MR SERONG: Your Honour, once again, not leaping into the next matter, on the instructions I have, the next matter may be resolved simply in a conference, your Honour. I am not sure that it is going to go to a full blown hearing. I may be wrong.

PN169

THE SENIOR DEPUTY PRESIDENT: Perhaps I will stand this matter down and call the other matter on, and we will see where we go with that.

NO FURTHER PROCEEDINGS RECORDED